In some divorce situations, the courts may declare that divorcing spouses
mediate their divorce before they turn to litigation. This does not work
for every couple, and in fact there are cases where mediation will do
more harm than good. Like collaborative divorce, mediation depends on
the good faith of both partners. If one spouse abuses the other, then
this will make it impossible for the couple to work out a sound decision
regarding divorce through mediation.
A victim of
domestic abuse can formally object to the mediation on the ground that it is not safe
to participate in a meeting with the other spouse. Sometimes, the courts
may require that the petitioning spouse show prove of the dangers imposed
by the other spouse. In some extremes, the victim can file a motion objecting
constitutional grounds. This means that the victim of abuse can claim
that his or her right to associate with a lawyer is being jeopardized
by required mediation.
In most cases, the court will be understanding about mediation and will
only use this method in situations where it seems that it will be helpful.
However, if you have been asked to participate in a
divorce procedure involving mediation and you don't feel comfortable, you
may want to get your own lawyer involved. If the court seems unsympathetic
to your situation and still insists that you still participate in mediation,
a skilled Los Angeles divorce attorney may be able to help you work through
this issue effectively. Don't hesitate to call the Los Angeles divorce
attorneys at Claery & Green today if you want to discuss this issue!